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  • Hyman Phelps McNamara

    • FDA Proposes Generic Drug User Fee System and Performance GoalsDecember 7th, 2011

      By Kurt R. Karst –       Just one day after FDA announced a December 16th public meeting and comment period to discuss the Agency’s proposed recommendations for a user fee program for biosimilar biological products for Fiscal Years (“FYs”) 2013 through 2017 (see our post here), the …

    • Job Opportunity: HP&M Seeks Attorney with Significant Medical Device ExperienceDecember 7th, 2011

      Hyman, Phelps & McNamara, P.C., the nation’s largest boutique food and drug regulatory law firm, seeks a mid-level to senior associate or counsel with substantial experience in medical device law and regulation to assist with a growing practice.  Strong writing skills are required.  Compensation is …

    • Senator Brown Proposes Modifications to the De Novo ProcessDecember 6th, 2011

      By Jennifer D. Newberger – On December 5, 2011, Senator Scott Brown (R-MA) introduced S. 1943, the “Novel Device Regulatory Relief Act of 2011.”  The bill is intended to amend section 513 of the Federal Food, Drug, and Cosmetic Act (“FDC Act”) to expedite the process …

    • FDA Proposes Biosimilar and Interchangeable Biological Product User Fee System and Performance GoalsDecember 6th, 2011

      By Kurt R. Karst –       On December 7, 2011, FDA will publish a Federal Register notice – a prepublication version of which is available here – announcing a December 16th public meeting and comment period (Docket No. FDA-2011-N-0326) to discuss the Agency’s proposed recommendations for a …

    • Dietary Supplement GMPs: Repeat Offenders BewareDecember 5th, 2011

      By Ricardo Carvajal -  Recent FDA actions suggest that dietary supplement firms who fail to correct deficiencies in their GMP’s do so at their peril.  For example, FDA recently filed a complaint for permanent injunction against ATF Fitness Products, Inc. et al. ("ATF"), a manufacturer and …

    • Representative Slaughter Criticizes FDA’s Inaction Concerning the Use of Antibiotics in Animal AgricultureDecember 4th, 2011

      By Riëtte van Laack – Representative Louise Slaughter (D-NY) recently sent a 4-page letter to FDA expressing her discontent with the Agency’s action (or lack thereof) related to antibiotic use in animal agriculture.  Specifically, Rep. Slaughter criticizes: 1. FDA’s delay in finalizing the industry guidance #209, titled the …

    • When “All Natural” Isn’tDecember 1st, 2011

      By Ricardo Carvajal – FDA issued a warning letter to a food manufacturer for labeling as “all natural” a product that contains disodium dihydrogen pyrophosphate, purportedly a synthetic chemical preservative.  The letter cites an alleged violation of FDC Act § 403(a)(1), under which a food is …

    • FDA Law Blog Honored by LexisNexisDecember 1st, 2011

      FDA Law Blog is pleased to announce that we’ve been selected as one of the LexisNexis Top 25 Torts Law Blogs of 2011!  Here’s what the folks at LexisNexis had to say: The Top 25 group includes some of the best talent in the blogosphere and …

    • FDA Proposes to Depart From Conventional Bioequivalence Metrics; Draft Guidance Proposes Partial AUC for Generic RITALIN LANovember 30th, 2011

      By Kurt R. Karst –       In what appears to be the second guidance of its kind, FDA proposed in a draft bioequivalence guidance document issued earlier this week that companies seeking approval to market generic versions of RITALIN LA (methylphenidate HCl) Extended-Release Capsules must, in addition …

    • Examination of MDR Reporting Criteria Warranted in Light of Recent Warning LetterNovember 29th, 2011

      By Jeffrey K. Shapiro – In our continuing quest to enlighten, we are launching today an occasional series that will examine significant or interesting warning letters involving medical device companies. As you probably know, FDA issues warning letters to allege violations of the Federal Food, Drug, and …

    • ICD2 2012 Conference – Fostering Innovation and Translational Research in Support of Public Health and Economic GrowthNovember 28th, 2011

      The International Conference on Drug Development (“ICD2”), formerly known as the International Industrial Pharmacy Conference, continues its annual tradition of offering an informal forum for the exchange of ideas concerning the drug discovery and development process.  The 2012 conference, which is presented by The University …

    • GAO Says FDA Needs to do More to Address “Economic Adulteration”November 27th, 2011

      By Kurt R. Karst –       Last week, the Government Accountability Office (“GAO”) released a report, titled “Food and Drug Administration: Better Coordination Could Enhance Efforts to Address Economic Adulteration and Protect the Public Health,” in which the GAO examines FDA’s approaches to detecting and preventing so-called …

    • Death, Taxes and DEA Inspections: Dealing with the InevitableNovember 22nd, 2011

      In his recent article appearing in FDLI Update, Hyman, Phelps & McNamara, P.C. Of Counsel, and former diversion investigator for the Drug Enforcement Administration (“DEA”), Larry K. Houck, explains the scope of DEA pre-registration and cyclic inspections as a step-by-step guide to actions and procedures …

    • FDA Withdraws Avastin Breast Cancer Indication ApprovalNovember 22nd, 2011

      By Kurt R. Karst –       Almost a year after having notified Genentech of a proposal to withdraw the approval of Avastin® (bevacizumab) for use with paclitaxel for the treatment of patients who have not received chemotherapy for metastatic HER2-negative breast cancer, and almost five months after …

    • NJ District Court Dismisses Patent Use Code Counterclaim as Not Valid Under Current Law; All Eyes Move to the Supreme Court PRANDIN Use Code CaseNovember 21st, 2011

      By Kurt R. Karst –       Less than a month before the U.S. Supreme Court is scheduled to hear Oral Argument in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, Docket No. No. 10-844 (see here and here), concerning whether the patent delisting counterclaim provisions at FDC …